Warranty

General conditions of Sale

art. 1 – Definitions

1.1 Pursuant to this contract, the terms indicated below are used with the meaning specified here, unless otherwise specified on a case-by-case basis:

– Label Italy: means the company Label Italy s.r.l. (V.A.T. IT02578750362), with registered office in Modena (MO), Via S. Allende, 59;

– Customer: means the person who executes the Order and intends to conclude the sales contract;

– Incoterms: means the Incoterms 2000 of the International Chamber of Commerce;

– Order(s): means the purchase proposal(s) sent by the Customer;

– Product: means any hardware or software equipment produced and/or marketed by Label Italy s.r.l., the related user documentation, data and instructions incorporated therein;

art. 2 – Object

2.1. The sale of the Product is governed by these general conditions, by the Incoterms, which duly referred to here constitute an integral and substantial part of the contractual relationship, as well as by the legal provisions and conventions applicable to the relationship.

art. 3 – Order – content

3.1. Label Italy exclusively accepts Orders signed by the legal representative of the Client company;

3.2. In the Order the Customer must indicate:

1. the exact name of the Customer, with indication of the complete address (registered office if it is a company, or address of the owner in the case of an individual business);
2. the indication of the name of the legal representative, with indication of a telephone number, fax number and an e-mail address where possible;
3. the indication of the destination of the goods only if different from the address indicated below. (Sub a.).
4. indication of the agreed payment terms;
5. indication of the supporting bank details, including C.A.B., A.B.I., IBAN and C.I.N.

art. 4 – Contract conclusion

4.1. The contract is considered concluded only following the express acceptance, in writing, of the Order by Label Italy.

4.2. The Order cannot be considered binding in any way for Label Italy until the latter has expressly accepted it. In fact, upon receipt of the Order, Label Italy reserves the right to verify the availability or otherwise of the Product ordered.

4.3. Label Italy will execute the Order in the shortest possible time allowed by the production conditions. The Order processing terms indicated by Label Italy are purely indicative. In any case, no responsibility can be attributed to Label Italy in the event of delay or deferral in processing the Order.

art. 5 – Product delivery in Italy (Risks and expenses)

5.1. The Product is delivered to the Customer ex-works at the headquarters of Label Italy s.r.l., via S. Allende, 59 – Modena.

5.2. If requested by the Customer, Label Italy S.r.l can stipulate the transport contract at the risk and expense of the Customer. In any case, no responsibility can be attributed to Label Italy, for any reason or title, in relation to harmful facts that may occur during the transport itself.

In this case, the Product will be delivered free carrier to the place agreed with the Customer and the Product will travel, in any case, at the risk and expense of the Customer.

5.3 In all cases, with the return of the Product to the carrier for transport, Label Italy is freed from any risk and liability. In fact, the Product always travels at the Customer’s risk. Transport costs, as well as any ancillary or additional costs, including packaging, loading and unloading costs, taxes or duties that may be requested are the responsibility of the Customer, with the amount on the invoice being charged.

5.4. In all cases, the Customer has the obligation to verify the full compliance of the indications resulting from the consignment note with the actual number of packages and the apparent state of the goods or their packaging at the time of delivery by the carrier, therefore having take care to insert, in case of discrepancies, the relevant reservations on the consignment note.

art. 6 – Delivery of the product outside Italy (Risks and expenses)

6.1. Delivery of the Product outside Italy is governed by Incoterms.

6.2. All sales concluded by Label Italy are for goods delivered ex-factory in Modena at the headquarters of the latter company

6.3. The application of the clauses under art. 5.2, 5.3, 5.4 also remains valid in the case of delivery of the Product outside Italy.

art. 7 – Prices

7.1. Product prices are always indicated net of VAT, where applicable, and may be subject to change at any time;

7.2. Each supply will be invoiced to the Customer based on the prices in force at the time of delivery.

art. 8 – Payment

8.1. The Customer is required to make payments to Label Italy with legal tender currency as indicated in the Order and in the related invoice, on the deadline agreed at the time of the Order.

art. 9 – Sale with reservation of ownership

9.1. Label Italy reserves ownership of the Product until full payment of the agreed price, pursuant to art. 1523 Civil Code. Payment by cheque, bill of exchange or draft does not modify the conditions of retention of title, meaning the effects are “with recourse” and not “without recourse”.

9.2. The Customer cannot sell the Product to third parties until he has fully acquired ownership of it

art. 10 – Return conditions

10.1. Each return request must be authorized by Label Italy, with the assignment of an RMA number. The RMA form, once the return of the goods has been authorized (with assignment of the RMA number), must be attached to each of the packages containing the returned Product, together with a copy of the relevant purchase invoice and must be sent to Label Italy s.r.l. , via S. Allende, 59 – Modena; the returned goods must be sent with a customs cleared return (with this type of shipment the payment and risk of transport are borne by the sender, in this case, the Customer. Any return of the returned Product which places the payment of transport at the expense of the recipient (i.e. from Label Italy), will be immediately rejected.

10.2. It is the Customer’s duty to entrust shipments with adequate packaging to guarantee the protection of its contents. If multiple Products are returned, only one form can be used and only one RMA number will be assigned.

art. 11 – Warranty

11.1. Label Italy guarantees its Product, pursuant to art. 1490 civil code, for a period of 12 (twelve) months, starting from the date of purchase as indicated in the invoice delivered to the Customer (hereinafter, for brevity, “Warranty Period”). Defects or malfunctions must be reported no later than 8 working days from their discovery.

11.2. Label Italy undertakes to carry out, under its own responsibility, everything necessary to maintain or restore the Product to normal operating conditions during the Warranty Period. The warranty is, however, limited to malfunctions or manufacturing defects, or defects in the materials used.

11.3. Label Italy, at its sole discretion, will be free to proceed with the repair or replacement of the Product and/or any of its components or parts thereof. The guarantee does not apply if Label Italy’s technical service does not find the reported defect. The Product, the components or parts of the Product repaired or replaced will benefit from a new guarantee, starting from the date of return to the customer and of identical duration and content to those of the original guarantee.

11.4. The warranty is not recognized on components subject to wear and tear if the failure is attributable to normal use and wear and not to an intrinsic manufacturing defect.

11.5. The warranty becomes void in case of:

– tampering with the Product by the Customer or third parties;

– installation that does not comply with the technical specifications of Label Italy or the manufacturer, if not the latter;

– accidental events, such as for example electric discharges and/or voltages that do not comply with product specifications;

– use of inappropriate packaging;

– damages, accidents and breakdowns caused by transport carried out by the Customer.

11.6. This warranty expires at the end of the established Warranty Period.

11.7. For repairs to be carried out during the Warranty Period, the Product must be returned by the Customer to the Label Italy headquarters, customs cleared, according to the terms and conditions of the Incoterms. The Product will therefore always travel at the risk and expense of the Customer.

11.9 If the Product is not under warranty, Label Italy will formulate an intervention estimate and will wait until acceptance.

art. 12 – Competent Court

12.1. Any dispute concerning the interpretation, execution and application of this contract will be referred exclusively to the Court of Modena, even in cases of continence and connection.

art. 13 – Applicable law

13.1. This contract is subject, exclusively, to Italian law.

art. 14 – Modifications

14.1. Any modification of the conditions and terms of this contract requires written form under penalty of nullity.

art. 15 – Other contracts

15.1. No other Product and/or service among those rendered by Label Italy on the basis of a separate contract and with separate charge may be ordered by the Customer and supplied by Label Italy without a specific written contract which will in any case be subject exclusively to the conditions indicated therein and will not modify the obligations of the parties deriving from this contract, excluding any type of connection between this contract and/or its individual clauses with any other contracts and/or their individual clauses.

15.2. It is acknowledged that this contract exhausts the regulation of the rights and obligations of Label Italy and the Customer regarding the sale of the Product, meaning that any previous different written agreement is therefore canceled and deprived of all effects, even for mere interpretative purposes. and/or oral between the parties relating to the object.

art. 16 – Protection of personal data and confidentiality

16.1. In the execution of the obligations assumed with this contract Label Italy, in compliance with the provisions regarding the protection of personal data, contained in the Legislative Decree. n. 196/2003 and n. 24/2023, undertakes to keep confidential the information, including any personal data susceptible to protection pursuant to the aforementioned law, relating to the Customer’s activity which it may become aware of in the performance of the services requested and regulated by this contract.

16.2. Label Italy undertakes to commit its staff or appointed staff to keep such information confidential and in particular that containing personal data subject to protection.

16.3. The Customer declares to have read and is well aware of the information for the processing of his personal data issued by Label Italy pursuant to Legislative Decree n. 196/03 and n. 24/23.

16.4 The Customer undertakes to provide their personal data correctly and truthfully and to promptly communicate any changes to the same, assuming all responsibility that is connected to the communication of inaccurate or incorrect data. As a result, the Customer undertakes to indemnify and hold Label Italy harmless from any prejudicial consequences connected to or deriving from the communication of inaccurate or untruthful data.

art. 17 – Final clauses

17.1. Any tolerance, even reiterated and prolonged, by Label Italy towards violations and non-compliance by the Customer with the clauses of this contract will not constitute a precedent and cannot impair the validity and effectiveness of both the clauses not observed and all the remaining ones.

17.2. Any nullity, voidability or ineffectiveness of one or more clauses of this agreement will not extend to the remaining clauses.

17.3. For anything not expressly provided for in this contract, please refer to the provisions of the Italian civil code.

————————————————————

Modena, September 2012

Label Italy S.r.l.

Pursuant to and for the purposes of the art. 1341, II paragraph, of the Civil Code, the parties, after careful reading, specifically approve in writing the following clauses: 4) conclusion of the contract, 5) Delivery of the Product in Italy, 6) Delivery of the Product outside Italy, 8) payment, 9) Sale with retention of title; 10) Return conditions; 11) guarantee; 14) Express termination clause and penalty; 15) Competent Court, 16) applicable law.